As discussed in our prior article, available here, the Department of Labor (DOL), Department of Health and Human Services, and the Department of the Treasury (the Departments) have taken a position of non-enforcement related to the final Mental Health Parity and Addiction Equity Act (MHPAEA) regulations published in the fall of 2024 (the Final Rule). However, employers and health plans should not forget about Mental Health Parity compliance, because the Departments certainly have not.
In a new Field Assistance Bulletin (the FAB) published on September 8, 2026, the DOL’s Employee Benefits Security Administration (EBSA) repeated its intention to treat MHPAEA compliance as an enforcement priority. While the FAB confirms the non-enforcement policy of the Final Rule, EBSA emphasizes that the MHPAEA’s statutory requirements continue to apply.
In the FAB, EBSA outlines three categories of compliance issues that it will prioritize in its MHPAEA non-quantitative treatment limitation (NQTL)… Read the complete article here...
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